Suing the party that was responsible for your injuries after an incident can help ensure that you receive the money and benefits you are entitled to receive for your losses. It can also work to hold an at-fault party responsible for the negligent and/or harmful actions that led to your injuries.
There are many types of personal injury lawsuits, each of which can vary based on the details and type of accident they deal with. Because of this, each case should be approached according to its individual complexities.
For example, filing a lawsuit against a company can be very different from filing an auto accident lawsuit or a workers’ compensation claim. This is because companies often have extensive legal and economic resources. Moreover, they are more likely to try to protect their own reputation in a lawsuit than admit to wrongdoing.
If you are looking to sue a company for any injuries or damages, there are important steps you should take to ensure your rights are maintained. While the process of filing a lawsuit against a company may not greatly differ from the process of filing any other type of lawsuit, you must be able to present a strong case.
In this guide, we’ll endeavor to walk you through how to sue a company, as well as what exactly the lawsuit process entails.
Hiring a lawyer can make a big difference in the success of a case, especially one against a strong opponent. To hire the right personal injury lawyer for your case, you can reach out to us at Schwartzapfel Lawyers by visiting us online or by calling 1-516-342-2200 today!
Suing A Company: What You Need To Know
Suing a company in a personal injury case is not like suing any other at-fault individual or party. Even small companies have access to more resources than the average defendant or opposing party. Many companies have extensive legal teams and dedicate a significant portion of their budgets for defense against claims or lawsuits.
The most important consideration when suing a company is that it may be harder to argue and win your case. Even the strongest of cases can be met with denial by a company.
Companies can also try to take advantage of claimants and offer them settlements that are much lower than what they are entitled to.
For this reason, hiring the right lawyer is one of the most important steps you can take when filing your lawsuit. The right lawyer will have the resources to fight against a powerful opposing legal team, as well as make sure that your rights are not disregarded.
The right lawyer can also help you build a strong case against an opposing party, and argue against any counterclaims they may respond with.
At Schwartzapfel Lawyers, we can provide you with a skilled trial attorney that can fight for you against any opposing party. To speak with one today, you can give us a call at 1-516-342-2200 or visit us online.
Types of Cases
While there can be many different situations in which an individual may sue a company for injuries or damages, there are several types of cases in which companies are typically at-fault for accidents. Here, examples include but are not limited to:
- Product liability cases in which a company’s defective product harms or injuries consumers.
- Workers’ compensation cases, where a company’s negligence of workplace safety leads to workplace accidents that injure workers.
- Premises liability cases in which a claimant is injured due to unsafe conditions on a property owned by a company.
A member of our team at Schwartzapfel Lawyerscan help you determine who to file your personal injury lawsuit against. To speak with an experienced lawyer at no charge, call 1-516-342-2200 now!
Filing Your Lawsuit
When filing any lawsuit, there are necessary steps you should take to ensure it is processed properly. When suing a company, it is important to take extra care when building your case. To this end, you should make sure that your argument is strong and that you have ample evidence to support your claim.
Before You File A Lawsuit
Before filing a lawsuit, there are a handful of tasks you should complete to prepare accordingly and make sure you have all the information you need to mount a successful case:
- Seek Medical Attention: After any accident, you should be reviewed by a doctor or qualified medical professional. Even if you do not think you were badly injured, it is always best to be assessed for any injuries. Seeking medical attention is also important in that it will create a record of your injuries. You may need to present medical documentation to receive compensation for injuries.
- Gather Evidence: To strengthen your claim, you should gather as much evidence as you can about the accident and how it occurred. Evidence can include medical documents, police reports, witness statements, and security camera footage. Being able to prove how an accident happened can also help you determine liability for your losses.
- Fill Out Forms as Soon as Possible: To start a lawsuit, fill out and submit the applicable complaint form in court. To ensure that your claim is processed, file by the statute of limitations for your case. In New York State, the statute of limitations for personal injury cases is typically three (3) years after an accident. Because statutes of limitations can differ from case to case, a lawyer can best determine when you need to file your claim.
What Is The Lawsuit Process?
Depending on the complexities of your case, lawsuits can be lengthy. Lawsuit proceedings can last anywhere between several months to several years before a case is settled or otherwise resolved.
While not all lawsuits follow the same linear process, there are general steps or phases that most lawsuits go through. The following are some of the steps you’ll likely encounter during most lawsuits:
- Initial Response: Once you file a complaint, the company or party that you are suing will likely receive a court summons and be notified of your complaint. Once they become aware of the lawsuit against them, they are then allowed to respond. They can respond by presenting a counterargument to your case or by denying responsibility for your losses.
- Discovery: Regardless of how an opposing party responds to your claim, the lawsuit enters the discovery phase once they are notified of your complaint. During the discovery phase, both parties have a chance to review evidence or documentation that is presented by the opposing side and conduct their own investigation of the accident or the events.
- Negotiation: During this phase of a lawsuit, both parties partake in negotiating a settlement to try to close the case. Based on evidence shared during the discovery phase, the at-fault party may offer the claimant a settlement. However, if the offered settlement does not provide the claimant with the benefits they are entitled to, they may refuse to accept it and instead continue negotiating. Note: Negotiating a settlement can be a lengthy process.
While lawsuits can be long and complicated, the right lawyer can help you navigate the process and take care of most of the legal work. To hire one today, reach out to Schwartzapfel Lawyers by calling 1-516-342-2200 now! One free phone call can save you miles of headache, heartache, and financial strain down the road.
Winning Your Case
If neither party is able to agree on a settlement, then the lawsuit may be taken to court where it will likely be presented in front of a judge and a jury. Because trials can last years, it may be even longer before the claimant receives their compensation.
However, trials can draw negative attention to a company for their negligent actions and help hold them responsible for any harm(s) caused.
Filing any type of lawsuit can be tricky. But if you are looking to sue a company, hiring the right lawyer is the best way to ensure you can build a strong case.
The members of our legal team at Schwartzapfel Lawyershave experience in all different kinds of personal injury cases. Our lawyers have been able to secure millions of dollars in verdicts and settlements for clients over the years. For a lawyer you can trust who will fight for your rights, call 1-516-342-2200 today!
DISCLAIMER: Nothing on this page should be considered legal advice. You should seek the appropriate counsel your situation requires. For more information, call 1-516-342-2200 now!
Sources:
Schwartzapfel Lawyers, P.C. | Fighting For You™™
How to File a Lawsuit Against a Company | Legal Match
How To Sue Someone: Everything You Need To Know | Forbes Advisor
Liability – Legal Information Institute | Cornell Law School
